Buhari’s government steep drive to anarchy. “Disobedience of court orders by the federal government is an invitation to anarchy” ~ Falana.
At the early stage of his administration in 2015, President Muhammadu Buhari spoke glowingly about his commitment to respect the rule of law and the separation of power.
“Let me reiterate this administration’s commitment to due process, merit, and total observance of the rule of law as central pillars of a prosperous and democratic society,” the president had said.
Many years later, his administration appears to be notorious for disobedience of court orders and disrespect for the judiciary.
For instance, on Feb. 8, the Supreme Court ordered the Central Bank of Nigeria (CBN) not to end the use of old naira notes on Feb. 10.
A seven-member panel of the court, led by John Okoro, gave the order of interim injunction amid acute scarcity of newly redesigned N200, N500, and N1,000 currency notes.
The order was given based on an ex parte application filed by three northern states controlled by the All Progressives Congress (APC).
But the CBN, in what appears to be a disobedience of a court order, insisted on the Feb. 10 deadline for the expiration of the legal tender status of the old N200, N500, and N1,000 notes.
The development has, however, led to growing unrest across the country. Nigerians are protesting the cash crunch caused by a scarcity of new-design naira notes.
Battabox understands that this is not the first time the current administration would be disrespecting the court of law.
According to human rights lawyer, Femi Falana, the disdain with which court orders are being disobeyed under the current democratically elected government of Buhari “is worse than even the renowned fascistic regimes of the late Sani Abacha and former head of state, Ibrahim Babangida.”
Previous Cases of Court Order Violation
Three years ago, a federal high court judge, Taiwo Taiwo, ordered the immediate release of Omoyele Sowore, the publisher of Sahara Reporters, for planning a protest popularized with the hashtag #RevolutionNow.
Despite meeting his conditions, the SSS refused to obey the order.
Also, Justice Gabriel Kolawole of the federal high court in Abuja on Dec. 2, 2016, ordered the release of the leader of the Islamic Movement in Nigeria, Ibraheem El-Zakzaky and his wife, Zeenat from the custody of the Department of State Services.
As of the time of that ruling, El-Zakzaky and his wife had been in DSS’ custody since December 2015 following an altercation between members of the Nigerian Army and the IMN in Zaria, Kaduna State.
Aside the order of the court to release them, the court also ordered that the DSS should pay the couple the sum of N50m as compensation. The orders are yet to be obeyed as of the time of filing this report.
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Battabox recalled that former National Security Adviser, Col. Sambo Dasuki was kept in detention for several months after several courts ordered his release.
On Monday, July 2, 2018, the federal high court in Abuja granted bail to Dasuki from the custody of the DSS where he had been detained for two and a half years as of that time.
Delivering judgment in the suit filed by the ex-NSA in March 2019, Justice Ijeoma Ojukwu ruled that his detention since December 29, 2015, amounted to a violation of his right to liberty. The orders were repeatedly disobeyed.
Findings by Battabox also revealed that the federal government is yet to respect a March 2016 order by Justice Mohammed Idris of the federal high court. The court ordered the government to publish details on the spending of recovered stolen funds by successive governments since 1999 but that is yet to be respected.
‘Over 40 Court Orders Disobeyed’
In reaction to the growing menace, Kolawole Olaniyan, legal adviser to Amnesty International, said President Buhari has shown “stunning disregard for the rule of law and human rights, ignoring Nigerian judges on at least 40 occasions.”
“It’s hard to overstate the significance of this disregard of court orders not just for the operation of the rule of law but also effective respect for constitutional and international human rights, such as freedom of expression, peaceful assembly, association and access to information. Yet, Buhari is carrying on, irrespective of human rights and the rule of law,” Olaniyan said.
“The government always has explanations on why it should not obey lawful court orders, seemingly replacing binding legal decisions with the vagaries of politics, and obeying the decisions whenever they suit it.
“This disdainful arrogance for the courts and our constitutional jurisprudence wasn’t even normalised during periods of military dictatorship in Nigeria.
“The public perception seems to be that the government will only obey court orders if it gets what it wants. Yet, it should never be right for the government to obey the court as a matter of grace. Buhari has to obey the courts as a matter of necessity.”
Implications of Disregard to the Rule of Law
A human rights lawyer, Falana has said the disobedience of court orders by the federal government is an invitation to anarchy.
“In any country that professes to practice rule of law, it is height of ‘primitivity’ for government to challenge the act of going to court by the citizens.
“The victory over the military junta came through protests and other acts challenging official impunity in court and other lawful fora.” The persistent and deliberate disobedience of judges’ decisions would, ultimately, shatter citizens’ confidence and trust in the justice system’s ability to render justice for victims of corruption and human rights violations.
“Obedience to the rule of law by all citizens, but more particularly by those who publicly took the oath of office to protect and preserve the constitution, is a desideratum to good governance and respect for the rule of law. “In a constitutional democracy like ours, this is meant to be the norm,” he advised.
